When the UK Parliament looks at a Bill that affects Scotland, the Scottish Government prepares a “legislative consent memorandum”. The memorandum explains to the Parliament how the Bill affects Scotland. It also sets out the Scottish Government’s view on whether or not the Parliament should consent to this Bill.
The consent itself is given through a motion “a Legislative Consent Motion”
Read more about legislative consent
The Committee considered some options for rule changes to recognise motions that refuse consent.
The Conveners Group wrote to the Committee in September 2022 to highlight the lack of reference in the Parliament’s rules about motions refusing legislative consent.
Read the letter from the Conveners Group (130KB, pdf) posted 26 June 2023
The Constitution, Europe, External Affairs and Culture (CEEAC) Committee also wrote to the Committee in February 2023 with similar concerns.
Read the letter from the CEEAC Committee (172KB, pdf) posted 23 June 2023
The Committee considered a new rule to allow for motions refusing legislative consent.
The new rule proposed a similar rule for motions refusing consent as currently exists for consent motions.
The Committee considered the responses to its consultation in June 2024 and decided to bring forward proposed rule changes for consideration by the Parliament.
The Committee agreed at its meeting on 29 June 2023 to consult on Standing Order rule changes relating to the refusal of legislative consent motions.
The Committee issued correspondence requesting views on the process to the Parliamentary Bureau, the Minister for Parliamentary Business, the committees of the Scottish Parliament and the Business Managers of political parties.
Responses were received from:
Written submission from the Constitution, Europe, External Affairs and Culture Committee (55KB, pdf) posted 11 June 2024
Written submission from the Criminal Justice Committee (71KB, pdf) posted 11 June 2024
Written submission from the Delegated Powers and Law Reform Committee (89KB, pdf) posted 11 June 2024
Written submission from the Economy and Fair Work Committee (57KB, pdf) posted 11 June 2024
Written submission from the Equalities, Human Rights & Civil Justice Committee (28KB, pdf) posted 11 June 2024
Written submission from the Net Zero, Energy and Transport Committee (66KB, pdf) posted 11 June 2024
Written submission from the Parliamentary Bureau (32KB, pdf) posted 11 June 2024
Written submission from the Scottish Conservative and Unionist Party (33KB, pdf) posted 11 June 2024
Written submission from the Scottish Green Party (8KB, pdf) posted 11 June 2024
Written submission from the Minister for Parliamentary Business,3 October 2023 (76KB, pdf) posted 11 June 2024
Written submission from the Minister for Parliamentary Business, 25 January 2024 (99KB, pdf) posted 11 June 2024
The Committee published its report on 20 June 2024.
Read the report
The Parliament debated the report on 27 June 2024.
Read the Official Report
The Parliament agreed the rule changes to Standing Orders set out in annexe B of the report be made with effect from 2 July 2024.
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